The Jharkhand High Court has issued a crucial decision regarding seniority, clarifying that salary protection offered to employees or the calculation of prior service applies exclusively to pension benefits. Such provisions do not grant the right to claim seniority in a different service or cadre, especially if the employee has voluntarily switched services. This judgment was delivered by a bench comprising Justices Sujit Narayan Prasad and Rajesh Kumar.
The court made it clear that seniority is based on the actual date of entry into service. It cannot be derived from the date of a vacancy or by including prior service, unless the service rules expressly permit it. The court upheld the order of the single bench, dismissing the appeal.
Citing a Supreme Court ruling, the bench emphasized that using previous service for salary protection or selection/special grade purposes does not imply the employee remained in the original service. The court differentiated that the calculation of service for salary protection or pension benefits is not tied to seniority. It does not disrupt other employees’ service, whereas a seniority adjustment does have effects on other personnel.
The court’s comments came in response to the petitioners’ arguments. They claimed their previous service should be considered for seniority determination, as they had salary protection. The bench dismissed the petitioners’ plea, resulting in a setback.
The case, involving Binod Kumar Mahto and others versus the State of Jharkhand and others, concerned employees who joined administrative service in 2010 and transferred to the police service in 2012. They sought seniority from 2010, a claim rejected by the bench.